The DUI DMV Hearing Process

 

If you have had your license suspended due to a DUI, you have only 10 days from the date of arrest to request a hearing to retain your license.  Specializing in DUI cases, attorney Ian Pancer can help you file any papers or requests within the time limits, and defend you against the DUI charges.  If you or your lawyer have not contacted the court by the 10th day after the arrest, your license will automatically be suspended beginning 30 days after the arrest.  However, if your lawyer had requested the hearing, there is a possibility the case will be thrown out and you will get your license back.  There is also the likelihood that because of backlog in the court system, the DMV will not be able to schedule your hearing within 30 days.  In this case, your lawyer will ask for a “stay” on your license, and you will be granted an extension of your temporary license until the time your hearing is scheduled.


Administrative Per Se (APS)


The DMV suspension or revocation of your Driver License in response to suspected DUI is only part of the DUI case against you.  This is called Administrative Per Se, and is independent of any criminal penalty imposed by the criminal courts.  The DMV has the authority to suspend or revoke your license based on circumstances such as age, number of offenses within a certain time period, and whether you failed the breathalyzer or refused to take it.  This is a completely separate process from the criminal proceedings for a DUI.  In most cases, the DMV will suspend your license for a certain amount of time, and when that suspension is up, if the criminal courts have ruled to suspend your license, that suspension will begin. 


What to expect at the hearing


The DMV hearing is an administrative proceeding focusing only on your driving privilege and the circumstances surrounding the arrest.  Your guilt or innocence of the charge is not in question.  The following issues will be discussed:

  • Whether or not the peace officer had reasonable cause to believe you were driving under the influence based on applicable California Vehicle Codes.
  • Whether or not the arrest was lawful.
  • Whether or not your BAC was .08% or higher while you were driving a motor vehicle.
  • If you refused the chemical test, the question of whether you were informed your driving privileges would be suspended or revoked.

 

Because this is an administrative hearing, it is held in a small office room at a Driver Safety field office.  The hearing officer will have a tape recorder and listen to your case as well as present the department’s case.  It is in your best interest to have a lawyer present at this time.  It is also strategically advantageous to request the arresting officer be present at this hearing.  You have the right to review all evidence against you, as well as present any evidence for your side.  You also have the right to question any witnesses and testify on your own behalf.  Even though this is an administrative hearing, it is still an important, complicated process, and having an experienced DUI attorney like Ian Pancer present on your behalf is your best chance at getting your license reinstated right away.


Conclusion


Having a DUI charge is almost like being charged twice for the same offense.  In the state of California, you will be charged criminally, and the DMV will charge you administratively to suspend your license.  The decision of the DMV is completely independent of any decision found in criminal court.  There is a chance you will have your license suspended by the DMV even if you are not found guilty of the actual DUI charge.  Because this is a sensitive and complicated matter than can result in lost wages or even job loss without a driver’s license, it is important to retain the services of an attorney specializing in DUI cases.  Call attorney Ian Pancer for your free consultation if you have had your license suspended due to a DUI charge.